0:00 / 0:00
The Drafting of Yeshiva Students to the IDF | Rabbi Yitzchak Breitowitz
18,118 views
www.ouisrael.org facebook.com/ouisrael #OUisrael #torah #judaism #torahlectures
Comments(0)
Transcript
Auto-generated transcript. Not time-synced to the video.
today's share is sponsored anonymously
again very grateful to Mr or Mrs
Anonymous or maybe Rabbi Dr Anonymous
and thank you very much for your uh
Torah and your humility as as well uh I
do have one interesting announcement I
want to make um starting next week next
Tuesday um we're actually going to do a
new new subject
the okay
are we yeah uh starting next Tuesday
we're actually going to do a totally new
new topic uh and that is uh you know uh
two weeks ago there was a special kenis
in honor of the rambam there was an
event that was going on uh and I was one
of the speakers there and that actually
inspired me to actually
contemplate uh a course or a series of
samor on the letters and introductions
of the ramban which a very interesting
msoa in and of itself so
next week um again it'll you know I
don't imagine the composition of the
year is going to change very much
probably the same people who come for
one share will come to the other share
but we will we will be focusing uh on on
the rambam and some of the rambam's
writings uh those that are a little bit
off the Beaten Track uh the letters the
hakot and and the like and then we'll
see that that could actually take quite
a long time I mean that could be a year
for uh easily more than than a year but
we we'll we'll see how it works and
that's what we'll try to do uh but for
today I do want to finish up uh
something I did not get to last week
last week you'll recall we spoke about
the hostage deal and whether halaka
permits the idea of
releasing terrorists or murderers into
the population in order to save the
lives of Kim and I think all of us have
such mixed emotions about this on one
hand there's a tremendous Sim
in seeing the people coming home and at
least many of them seem to be in
reasonably good health and that of
course is a is a an occasion for great
great rejoicing on the other hand we
have grave reservations over the fact of
what is the price that is being paid
here and uh God forbid what could the
future consequences be so it's a very
very difficult troubling emotionally
complex uh type of situation
and last week we discussed the aspects
of it and once again I always tell
people uh whenever you're given a
multiple choice in You Know M or M
always go with a choice C because that
that will always be the right answer and
ultimately it does turn out to be a
makus but you understand the logic of it
the internal logic of it is uh balancing
the clear and present danger of existing
people versus the potential potentiality
of future danger to the public and how
do you make that Eon how do you make
that that balance and that's what we
talked about last week but towards the
end towards the very very end uh we
touched a tiny little bit on the issue
of uh the draft and who is obligated to
serve in the in the Army and
although uh you know they say as the
saying goes in English maybe it's from
Shakespeare I know Angels you know Fear
To Tread where fools go and uh I I fear
that How does it go Rush Fools Rush In
Where Angels tread to go so I I I fear I
might be more of a fool than an angel
today uh because it is a very very hot
emotional topic and again uh to be
serious I mean in Israel it's not a
joking matter because it quite literally
is is a matter of life and death it's
not simply a question of doing this job
or doing that job Etc so uh it is very
very emotional and and people get
understandably uh very upset over it um
I'm just going to try to try to be
objective and kind of as as the motto of
Fox News we report you decide I'm not
here to I'm not here to tell you uh what
to do or how to feel even I just want to
present the sides the sides of the
argument be what you might call halakic
journalism uh to once again Express the
two different two different views and as
to what are the different
justifications for the different uh
positions uh I will say uh that uh the K
view is actually undergoing a certain
amount of re-evaluation and flux some of
it isn't because of external pressure no
doubt about it but some of it is also
internal that even within the
traditional k Community there is the
beginnings of a a debate about the
military service and partic ipating and
it is coming from within it is not only
coming from without so things change in
fact the truth is in the world there are
a lot of things that are being at least
reconsidered rethought the Army is one
of them uh secular education barut is
another one of them meaning things are
not as absolutely black and white as
they were for uh for many many years
yeah the question is this change
is pragmatic or is it that they realize
that yeah so so yvh as I as I say some
of what's going on is simply pressure
from the government or even pressure
from General Society so as a result uh
let's compromise a little bit because
otherwise things will be worse but some
of it uh if you read for example there's
a very nice journal online it's Journal
published in Hebrew and English it's
called I don't know if you ever ever
came across it it is edited by a very
very young man
ruer uh who's and I think he has a law
degree as well and he's involved in a
lot of things uh and uh is a journal
that has articles and again all all of
it within the K Yesa community and you
can see some very you wouldn't you
wouldn't imagine it a number of Articles
talking about the virtues not not just
the but even the virtues of military
service and how it can refine character
and give discipline and Etc so things
are being debated things are being
debated beyond the mere giving into
depression okay A little bit of legal
background before we start I mean
everyone knows that the exemption for
people who are learning Torah which is
not necessarily exemption but learning
Torah does go back to 1948 the very
beginning of the Medina
uh benan uh some things don't change he
needed a coalition he needed uh
religious parties a good Israel which
was then a religious party now it merged
into deor but whatever it is uh he
needed AA as part of his political
Coalition and one of the demands that
was made was that uh Yeshiva students be
exempt from military service at the time
in 1948 there were fewer than 500
full-time Yeshiva students in the entire
country beneran had a philosophy that uh
this would wither and fade and just
disappear so to him it was small change
he says all right we'll exempt 500
people next year it'll be 400 people 300
people in 30 years 50 Years it'll be
down to zero because the new Jew will no
longer be the European Gat who sits on
the benches of the beta medish and
therefore beneran did not view the draft
exemption as a long-term problem that
the state of Israel would have to
contend with and as a result that became
the that became the law of the land now
we know that barash of course the k
Community has grown the Yeshiva
Community has grown uh we now have uh
thousands and thousands and thousands
and as a result for sure benan would not
have agreed to it then but the law was
the law and as you know that in Rec
years uh that that law has been struck
down by the Israeli Supreme Courts uh by
different Etc so for various reasons
Nano managed to prevent its
implementation again for political
reasons not it's not because Nano is a
lover of Torah uh in fact it was so
interesting I think it just reminds me
of how religion is invoked to be to be
convenient uh witkoff is let me finish
witkoff is was Trump's negotiator for
the hostage deal so wiov called natano I
think it was two chabas ago and said we
have to talk so natano says he does not
conduct meetings on
chabas that's that's very very
interesting uh wiov said well this
shabus you're gonna meet okay whatever
uh so it's interesting thatoi becomes
from you know when when politically it's
expedient other times other times not
yeah
yeah said no we have to make it more so
they said we make and
said situation now yeah well that is
interesting I I would okay I didn't
understand that way but I'll I'll I'll
look into it I'll accept what you say uh
Bean of course
uh Bean was not totally personally
Orthodox but ban was very very committed
to tradition uh he grew up in brisk so
the brisk RV was his town Town RV in in
brisk and in that sense uh I could
understand why he would and be inclined
to extend it
huh a favor yeah yeah yeah so so be it
as it may as you know the issue of of
and draft is a very big issue so let's
set out both sides of the case uh first
of all what is the case for compulsory
military service so we do have
a category in called Mitzvah there are
two types of Wars there is what is
called a Mitzvah War an obligatory War a
Mitzvah war and there is what is called
a discretionary War which is
called two types of Wars the Torah
recognizes the rambam explains falls
into three
categories and according to ramban there
would be a fourth category
category one is the war against
Amal which in a literal sense we do not
have today Amal as a nation is extinct
category two is a war against the seven
indigenous nations of Canan which also
is no longer applicable because they're
extinct but category three of Mitzvah is
still tragically very very relevant in
our day and that is Laos
Isel
mad to save the Jewish people from an
enemy that tries that is trying to
destroy them in other words a war of
defense against an aggressive enemy
whoever the enemy is doesn't have to be
amalik doesn't have to be the Seven
Nations uh a war of defense is Hally
characterized as mil
Mitzvah now what are the implications of
that I'll get to in a second now what is
a this may be quite surprising
m is a
non-defensive war of
aggression that sounds a little strange
are you telling me H would permit the
state of Israel to just declare war
against uh turkey against Kuwait against
whatever just to get get oil so here you
have to understand that it is true that
there is such
a but the rules are so strict that for
all intents and purposes it could not be
done number one you need a m which we
don't have number two you need the
consent of the
Sanhedrin which we don't have and number
three this is the biggie you need
prophetic
authorization
by through the medium of the Coen God's
breastplate the in other words you can
invade Kuwait if God gives you
permission to do so now why would God
give or not give I have no idea but
suffice it to
say is a dead category today there is no
h justification for a
non-defensive war of aggression
so cross that off the list so we're left
with
only Mitzvah and of the category of
Mitzvah we only have one out of three
and that is a war of defense is called a
now let me just add the ran would add a
fourth idea of Mitzvah because remember
the ramban is of the view that living in
erel is a
Mitzvah and that includes Conquering the
territory that's within the biblical
boundaries so according to ramban ramban
might not agree with this even if we're
not under attack in any way but if if a
foreign nation is occupying something
that is within the biblical boundaries
of er Israel which suffices to say are
much larger than the political
boundaries of the state of Israel ramban
would actually permit and maybe
require a war of
aggression like Putin and the Ukraine
right other words he says Ukraine was
part of Russia so we're going back and
getting it well according to
ramban
is so so technically there are some
nuances here what makes something a
mitvah according to
Ram what make something
a is the danger that the enemy is
opposing to the Jewish
people and therefore in order to rescue
protect the nation from uh death and
destruction there's a Mitzvah mitvah
according to ran the mitvah would be
would apply even if there is no danger
to people but in order to secure and
even conquer the territory that is
within the bounds of arel now this would
have a lot of Kamas uh for example would
hak permit giving up lands for peace
according to rambam at least in theory
you would be allowed to give up land for
peace if it would work it never works so
practically uh it's not a good idea but
in theory one could give up the land in
order to save lives as I say it doesn't
work but in theory that would be
possible according to ramban that would
be impossible because if there's a
Mitzvah to conquer the land then by
definition you can't give up what it is
that you've conquered okay be it as it
may based on either of those
definitions the war against
Hamas does
qualify
as mitvah because it is a defensive War
both to get back and and to protect the
population from bombings and terrorist
activities and as well it's a question
of
securing the territory of of Israel now
that makes it a now now some have made
the following argument some have pointed
to a passage in the safer ham mitzvos of
the
r now this is a little strange because
remember let let's focus for a moment on
two books the rambam wrote which are
kind of int related his large safer his
huge safer which is the total
codification
of Jewish law is called mishna Torah
which means the second Torah because the
Ramba made the claim all you need is
thees because that's the written Torah
and my book which is the oral Torah the
gor all the laws of the gamar and you
have everything of course the rivid and
other people were incensed because what
the rambam seems to be doing is the
rambam says don't need gamorra anymore
I've I I went through the whole gamorra
I told you what the laws are so for
about the gar why do you have to go to m
discussion I'll just tell you what to
do rivid was very incensed and as that
resulted in a whole debate and actually
in light of our new course we we'll be
talking about that so that's the mishna
Torah mishna Torah is from Soup To Nuts
the entire structure it's much more
complete than
the because the only gave the laws that
apply today Shar does not give you the
laws of coros or the laws of Purity and
impurity or the laws of par aduma in the
rambam every single area is addressed
now the raban wrote a much smaller saer
which he actually wrote before the
mission Torah that is called saer
hamitzvos which is a brief discussion of
the 613
mitzvos uh paragraph you know for the
248 positives the 365 negatives but
obviously for so it'll say something
like uh you are not allowed to do M on
chabas fine but he doesn't tell you what
the malas are for that you have to look
at the Mish Torah it's just a listing of
Mitzvah so for example you know kabad
pushes one of the Reb's
projects was that people should try to
learn rambam because the rambam gives
you an overview of everything so uh for
the more learned earned people they're
encouraged to learn a chapter or three
chapters which is actually brutal three
chapters of mishna Torah is a brutal
brutal Pace uh one chapter is plenty
hard it's more difficult than deomi but
for the more learned people they push
either one chapter of mishna Torah or
three chapters of mishna Torah a day uh
for people who can't do that they do
saer Mitzvah which is an easier book uh
one interesting thing about saer mitzvos
that I I think I've talked about this
before just mentioned it as an aside is
sa Mitzvah is a three-part book although
it's short part two as a listing of the
positive Commandments the 248 part three
is a listing of the 365 negatives but
part one is
kadash part one are 14 rules that the
rambam utilized in determining how you
count
mitzvas because you see the problem we
have a
tradition that there are 613 Mitzvah in
the Torah but if you open a and you
count how many times God commanded us to
do something you get a lot more than 613
you get something like
5,000 so how do you get the 613 out of
the 5,000 so the rambam had to develop
because the gamar does not give you any
guidance there's because gamar does not
give you a list the gar says 63 Mitzvah
it doesn't list them so the rambam
developed this is really a tour to force
but there no no one has ever no one had
ever done this before the rambam was not
the first enumeration of mitzvot but the
rambam was the first uh the first one
who compiled what you might call
scientific
methodologies for what do you count what
don't you account and uh a lot of it
you'd imagine is that a lot of details
are assumes for example bringing a sin
offering a carbon now the Torah says the
co shall and the Coen shall sprinkle and
the Coen shall burn and the Coen shall
eat so technically there might be 20
Commandments but the rambam says that
only counts as one bringing a sin
offering in accordance with the
procedure outlin right shabas there are
39 things you're not allowed to do in
shinus don't cook don't write don't tie
don't uh carry
do we count that well if shabas would to
be 39 you'd run out of the 613 pretty
quickly but the answer is no it only
counts one do not do MAA on chabas and
MAA is defined in 39 ways so so the
rambam developed all sorts of criteria
regarding uh what's counted what's not
counted and that's how he gets this
613 they're kind of categories that that
that that's correct that's correct uh
and therefore you aggregate many details
subsumed under a single Mitzvah and that
by the way is a very fertile source of
debate ramban who wrote A Commentary and
a criticism of
thez most of his focus is on those of
Okay the reason I'm bringing this up is
that in
theim he just mentions generally because
he says I don't want to repeat this
every mitz I'm going to tell you some
things up front he says certain things
require a
Mel and when there's no Mel the
Commandments are not operative and I'm
not going to repeat it every time he
lists in the in theim those Mitzvah and
he
mentions actually he says require
aik and
a now this is actually a very perplexing
Passage
first of all this rule
that require aik
and does not appear in the mishna
Torah so it's a little odd that in the
actual elaboration of the laws of war
the Ramba mentions no such
requirement very perplexing but the
other thing that's very strange is could
the rambam
possibly be literal here that we are
authorized to fight a war only when
there's a bet mikdash and a m what what
does that mean Kamas attacks us our
response is can't do
anything because no
B so it seems clear to me at least that
when the r
says
require he is only referring maybe to
the wars against uh
amalik when they're non-aggressive in
other words the to wage a war of
aggression against amalik of the Seven
Nations but the third category to rescue
the Jewish people from an active enemy
that is trying to destroy us as a matter
of Common Sense we have to have that
power the reason I'm bringing this up is
that occasionally you will find in the
anti-conscription
that this is not a mitvah because
there's no M and there's no bet mikash
and they're basing that on a text in the
RZ vot but I think that cannot apply to
a defensive War because because if you
follow that position you have a reducto
ad absurdum that we have to let
ourselves be slaughtered because we
don't have a m to make now that's
besides the point that Ru cook made Ru
cook made the point of course Ru cook
died before
Isel but but he made the point that the
shilon the ruling
authorities that the Jewish people
designate as their
governmentally has all of the powers of
a Mel so according to rev cook
governmental decisions would be
considered
Mish other people argue but the point I
want to make is that even if you assume
that Mel is literal and we don't have a
Mel today
the rambam is not limiting defensive
Wars now I wish the rambam would be more
explicit here because because I I will
admit to you that if you literally read
the passage in sa Mitzvah you're not
going to see that distinction but I
think it's a matter of basic logic and I
actually it bothered me a lot actually I
very rarely because I get so many emails
I am very very very uh careful not to
bother people with emails because I know
what it's like on the receiving end but
this was a rare instance where I
actually consulted uh with some poan
sent by email and uh they more or less
came to the same conclusion that any
defensive war is a mitvah even in the
absence of Mel and even in the absence
of s HED yeah
yep yep
yep yeah that actually that actually is
a uh thank you that that actually is a
very important
observation yeah the question is this we
right we we're we're debating over a
label we're debating over a nomenclature
is something
aah or is something not
aah and I brought up the argument that
based on the rambam's
literal in the absence of and there is
no it is not a Mitzvah now the question
is okay let's assume it's not
aah but there may be other
mitv that still require that we rise
let's say it's not a war say it's not a
war uh but there's a
mitv this
is do not stand by idly over someone's
blood P to intervene to save uh to save
people uh so obviously the rambam
doesn't mean if it's not a Mitzvah we
just let ourselves get slaughtered there
will still be other however however
there is a very big difference whether
you you can subsume
something under Mitzvah or whether
something is just part of the general
Mitzvah of saving and I I'll address
that but but you are you are correct
meaning even though I do believe it is
azah but the truth is the of defense and
protection does not rise or fall on the
nomenclature but but I first want to
talk about the M Mitzvah implication and
then I'll I'll try to address the other
thing okay so let's
assume that it is a mitvah as many many
po have acknowledged so what are the
implications what are the implications
of something being called aah now if you
remember in the so the T says in time of
War there are a number of people who are
exempt from military service the Tyra
itself gives you exemptions uh the
person who bet Tred a woman and did not
yet consummate the marriage which today
is you know you know you never really
have that situation uh a person who
built a house and did not yet live in it
a person that had a Vineyard and E and
didn't yet eat its fruit and even a
person that's scared because he may have
a debilitating effect on combat morale
and these are people that are exempt
from military service so the gamar in or
the m
in says the following when do these
exemptions
apply they apply to if there's an
optional war of expansion meeting all
the conditions I
said these people are exempt but when
it's everybody has an obligation to
participate whether it's in fight in
combat or the back lines and it uses the
phrase the is pulled out of the room he
getting married go and then it mentions
somewhat surprisingly even the kala now
there I'll talk about that a little bit
about because because that would
support which which nobody no one in the
world has ever ever ever ever agree to
uh but I'll come back to what well let's
leave g a little bit to the side I want
to talk about the the males uh the men
uh for a moment so the pus of the Miss
sa is that there is no exemptions for
Mitzvah now the truth is strictly
speaking there are exemptions even for
Mitzvah which to some degree some degree
even the Army today uh will recognize as
a matter of secular law for example
sh after consummation of the marriage
thean is given a year uh to be uh with
with his wife Etc so there are limited
exemptions but but the pus is the
following the pus is that once something
isah and mitvah has virtually no
exemptions so what exemption is there
for somebody who's learning Torah or
Yesa or or whatever it is there seems to
be no exemption at all now that doesn't
mean everybody's going to have combat
Duty because Bas not everybody has
combat Duty in the Army anyway but it
does mean that there would be a to
participate in the military effort so so
argument number one for conscription
again I will give you the other side is
once it's
a we have the m
in there are no exemptions in no
now I just want to point out that this
is where labeling actually becomes
important because if you were to
predicate the obligation
of it might be possible to say well
other people are doing it so uh it
doesn't have to be me you see what I'm
saying that's why the labeling of
becomes very very crucial here in terms
of the and of course the precedent that
there's no exemption goes back to the Ty
itself with B God and B ruen remember
that after the Jewish people conquered
the land east of the Jordan and that
land right B God and B ruen and half of
Minasha they wanted that land east of
the Jordan because it was very fertile
so MOS Reno gave them a home musm and he
said well you can take whatever land you
want
but your brethren are going to
war kvu Po and you're going to Simply
sit nice and pretty a leard so if you
remember Mosher rabeno imposed a
condition you will get this land only on
the condition that you will cross the
ardan and fight with your brethren and
indeed the book of Yeshua records the
book of Yeshua records that the B God B
ruen fought side by side with their
brethren for more than seven
years and then there's a whole ceremony
of discharge like yua kind of discharges
them at the end of their service and
said you have lived up to your
commitments you can now go and rejoin
your your families it's all like
official T that was made for discharging
B Ru really because yosua wanted to
record L that they did not Sher their
Duty because in the course of years
people would look at these tribes at the
other side of the Jordan and think oh
they never participated in conquering ER
Israel and therefore they need it to be
a memorial that they had done so right
so this would be the argument based on
Mitzvah now the counter
yeah yeah
yes yeah yeah yeah so again as I said it
is true that you could predicate the
obligation onah you could predicate it
on don't stand by idly over your
friend's blood you could predicate it on
the basis of but the reason why the
label
ofah is an important label is that when
you base the on other things like nees
uh a person would have the right to say
well if somebody is handling the
situation I don't have to do it in other
words like anything else if someone gets
a heart attack and hatah comes and
brings them I don't have to do anything
so in in order to create a universal
obligation you need to subsume it under
under
D now now the counter text is a passage
in the rambam again and the passage in
the
rambam is not so
clear-cut uh and it's it's really based
on the way it's interpreted it requires
a double jump let me just tell you what
it is in the laws of shme
which is talking about nothing to do
with Wars per se uh at the end
of the rambam has as he often does the
rambam often ends his halic discussions
with a bit of philosophy or muser that's
uh one of the stylistic charms of the
mishna Torah is that unlike the which is
just rule after rule after rule the
rambam also is Rule after rule after
rule
he'll often end with a kind of
inspirational message or a philosophical
Insight not always but very often he
does so
in he digresses to discuss the special
role of shet
Ley in CLA Israel shet Ley in the time
of the temple at least was a tribe that
was not given a defined portion of lands
uh they had 48 cities scattered
throughout ER
Israel uh and the rabam explains that
God wanted to free the Levan from
agriculture from having to get involved
in business he wanted them to be the
teachers and the scholars the Tom
of and that's why they were dispersed so
that every tribe would be connected to
the influence of the
Lev uh so their dispersal is precisely
so their influence should
diffuse CLA Israel 48 cities basically
every tribe designated four cities for
the L that that's that's how it works
and again in sa for yahushua uh the
exact cities are listed k for example
was a levite was a levite city we know
from later
no was a levite city but a Le 13 of
those cities were given to kohanim so
that's why it's called No the city of
kohanim that of course uh sha massacred
because they gave food and shelter to
D okay so the rambam then goes on and
says because the Torah wanted shavid
Ley to be totally
panoi
and is
not so the rabam creates I'll discuss if
there's a m for this
a new exemption that is not explicit in
the Torah at
all that is an exemption of shet Le from
Mil in order to enable them to
continue their
Torah learning I actually it's a bit of
a question Torah learning or Torah
teaching that's going to be very very
critical but there's a shabet Ley
exemption now the rambam does first of
all what's the source of the rambam that
shavid Ley is Exempted uh the Torah does
not say in any list of exemptions that
shavit Ley is exempt so the truth is the
rambam does have a m from
the it's not in the gor the does
indicate sh Le
is now the question is well is that only
or
even
again but some posit that there's a shav
Ley exemption
even
from mitvah because of their role as
again is it Learners of Torah or
teachers of Torah that's itself an
interesting question now okay well at
most that would that would exempt the
Lan maybe right but that how does that
cover everyone else so now they go with
another passage of the r after the Ramba
mols the spiritual grander of shavid Ley
the ramban then says the
following it is not only shet
Ley that has this
distinction but any
individual who devotes his life to serve
God and to study his
toorah Hashem will take care of him like
a shave it Le now now again you have to
be very careful there I should have put
this on PowerPoint or
something the rambam does not say and
therefore you're exempt from war the
rambam is dealing with a spiritual idea
that the special protection that God
gives to shav Ley God will give to every
individual who truly becomes like a shav
Ley
now the B Yesa argument
is that's why it's a double step the r
exempts Ley from war and that
includes that itself is questionable
number two the rambam says anybody can
become a Ley in that sense ah therefore
that carries along the exemption of War
so first of all it's not clear the ra
the rambam didn't I mean I mean listen
obviously when the rabam says everybody
can become a Ley he doesn't mean that in
everyway he doesn't mean if I'm
full-time Colo I can get the second
alyah right he doesn't mean I can eat
myish so so obviously the ram never
meant that in every single way you
become like a Ley so it's a big
interpretive leap to apply that idea to
aen Yeshiva but but this is the argument
that shave of Ley now the big question
and again I'm I'm I'm trying to be very
dispassionate I don't want to uh be
political and that
is does the ROM's description pick up
every
kid in
yesh the rabam is talking about a
person he's describing a person who
gives his
life to serf Hashem and especially he
emphasizes who teaches Torah he's m nees
he sacrifices he's totally
devoted now again U Yeshiva guys are
great I mean some of my best friends uh
you know uh and and they're C they're
certainly doing a worthy
Endeavor the question
is we have this Mitzvah idea in which
there's no exemptions unless you can
find one and we found in the rambam
potentially what you might call shavit
Ley exemption and then extrapolating it
to a person who qualifies as shave at
Ley so the question becomes does that
cover
everybody now I know it's a very
difficult question how do you decide who
decides how do you decide I mean I'll
give you an interesting example how
sometimes things can be misunderstood
this is from the United an example from
the United States um my main rebi inas
Isel was a very very great manakov mosha
keski there's even an Aro biography of
him as
a yeah that's how big is right that's
the measure right there's a b and I'm
even quote it in a footnote so I'm even
I'm even in the book but anyway uh Rabbi
ksky actually served in the US Army in
1948 I'm sorry during World War II so
4344 even though the United States
always had an exemption for full-time
theological students so how did he do it
because every student had to go before a
draft board which had a a rabbi on it
whatever Jewish student and um they had
to declare that they were studying to be
a member of the
clergy so Rabbi kesy was said he was not
studying to be a rabbi he says because
he was studying Torah lishma so he said
are you studying to be a rabbi he said
he was told to answer yes but he said no
I'm not studying to be a rabbi I'm
studying because I believe this is the
most important thing in my life so that
was deemed to be a personal preference
and he actually was drafted he was in
the the US Army for around a year and a
half they went to his parents went to a
federal court and they actually uh got
him out in that in that way so the point
I'm making is that sometimes it's hard
to know who's a shavid Ley who is not
but all I'm saying is if the exemption
is predicated on shave at
Ley first of all as I say it's not even
clear from the rambam that everybody be
a Ley would even apply to that exemption
but number two who's shavid Ley shav Ley
is not everybody now and number three
let me just mention that a shav Ley
exemption does not apply to a family
that is not in full-time learning in
other words how how do you get from Tor
someone who's totally devoted to Torah
to a general exemption what does one
have to do with the other so there's a
second argument that is made so one is
BAS on the
rambam there's a second argument that's
made which is a powerful argument but
it's not clear how relevant it is and
this is called the argument of shmat
which is a bit of a strong term and that
is the claim is my child goes into the
army he will come out a cofair he will
come out an aorus he will come out a m
shabas he will come out uh
promiscuous sexually and he will will be
totally assimilated to secular Israeli
culture I cannot allow my child to be
exposed to the corruption of that
environment and I'll tell you the truth
the truth of the matter is
psychologically that is really what's
going on in other words even if parents
or even if rabbis or even if rashash
shivas invoke shavit Ley full-time
learning the real thing they're afraid
of isma now the truth of the matter is
back in 1948 benguan had a certain
vision of the army as the great Melting
Pot the great leveler in which everybody
shares the same cultural experiences and
this is part of boran's vision that
maybe Orthodox k type Judaism is g to
vanish Etc but the truth of the matter
is that although today there are still
individual commanders that do have that
agenda that I'm not going to deny it but
as a SST
the Army is not not really committed to
that and you know we have number one uh
the Hester units uh and again I have to
say that some of the
Hester young men are Kesh kadash I mean
there's there's no one no one no one I
shouldn't say no about it but in in the
ISA world that could compare to them in
terms of their uh m neish in terms of
their Devotion to
learning and the like now
are people adversely affected in the
army yes there are are there people who
shine and and and continue to grow yes
there are are there people who come from
in the army yes there are so y for y so
I'm not going to
deny that there are risks I'm not going
to deny that there are dangers but but
here is the mindset instead of making
the argument oh it's bad for my kid
spirituality
therefore we don't go
the the the the the the the orientation
has to be the other way we're really M
to go but we have to try to make this
environment a better environment now you
don't use it as an excuse you don't say
oh you know uh it's a bad place
therefore you say we got to make it a
good place uh now the other thing which
is maybe a more drastic proposition it's
not clear to me that this is an
exemption from M Mitzvah I mean if
there's a m mitzvah where do you
see you're exempt from Mitzvah because
the environment is not as firm as you'd
like it to be meaning even if it's true
that may be a cost possibly ofah so the
What's called the schmad of course is a
an exaggeration schmad means forced
conversion I wouldn't quite call it that
but but the but these are the two points
in other words the two arguments that
the uh world has is one is is the
Tor argument which is based on the
rambam
in and the other is the fears about the
religious environment in the Army and as
I say um this is not Ben guan's Army uh
the the Army itself is again there are
individual commanders that are abusive
there there still is that
phenomenon but overall uh the Army is
trying to work out a situation where
religious needs are going to be
accommodated uh
yeah I think that if you have a good
foundation being in within the secular
world not shake your I I I yeah yeah
can't grow up in a you know listen I I
what you're saying is 100% right in
theory it is right in theory and that's
how it should be practically however you
know we cannot deny that yeah I'm going
to stop there are there are kids who
have gone
but the truth of the matter is that's
true in college that's true in ging the
Working World meaning it happens to be I
know myself when I was a rabbi in
Maryland uh I knew kids who had a Jewish
Orthodox education from kindergarten
through the end of high school and even
went to Israel for two years and then
they went to a University of Maryland or
a day College within one semester one
semester they stopped being sh shabas so
that's maybe that's a very negative
testimony about the quality of our Ed
education but L said it is unfortunately
a reality so as I say I wanted to try to
just give you the different sides of the
argument and as I say uh everything is
being reconsidered now so I think things
are going to be changing in various ways
but be we should be Shalom and at that
point we will not have to draft anybody
okay take care